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HomeMy WebLinkAboutLegislationCity of Miami Legislation Resolution City Hail 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00612 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, (THE "AGREEMENT") WITH THE UNIVERSITY OF MIAMI ("UNIVERSITY") TO (I) PROVIDE FOR THE TERMINATION OF THE ORANGE BOWL USE AGREEMENT DATED JUNE.22, 1990 (THE "USE AGREEMENT"), AND (II) EVIDENCE THE UNIVERSITY'S AGREEMENT TO EITHER (A) AMEND THE LEASE AGREEMENT BETWEEN THE CITY AND THE UNIVERSITY, DATED JULY 1, 1983, RELATING TO THE JAMES L. KNIGHT CONFERENCE CENTER ("CONFERENCE CENTER LEASE"), TO PROVIDE THAT IT MAY BE TERMINATED BY THE CITY, IN ITS SOLE DISCRETION, AT ANY TIME AFTER DECEMBER 31, 2009, OR (B) ASSIGN THE CONFERENCE CENTER LEASE TO AN ENTITY DESIGNATED BY THE CITY, EFFECTIVE NOT EARLIER THAN DECEMBER 31, 2009; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION OF THE USE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, TO THE AGREEMENT AS EXHIBIT "A." WHEREAS, the City of Miami ("City") and the University of Miami ("University") entered into an agreement on June 22, 1990, as amended, ("Use Agreement") for the University's use of the Orange Bowl for the staging of its home football games and related activities; and WHEREAS, said Use Agreement provided for a term to expire June 21, 2010; and WHEREAS, the City and University were unable to negotiate a mutually acceptable agreement for the renovation of the Orange Bowl; and WHEREAS, in August, 2007, the University announced it would be moving to Dolphin Stadium effective with the 2008 football season; and WHEREAS, the University requested the City terminate the Use Agreement; and WHEREAS, the City is willing to authorize the early termination of the Use Agreement in consideration of the University's agreement to either (a) amend the Conference Center Lease to provide that it may be terminated by the City, in its sole discretion, at any time after December 31, 2009, or (b) assign its interest in the Conference Center Lease to an entity designated by the City; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the City of Miami Page 1 of 2 Printed On: 5/28/2008 File Number. 08-00612 attached form, to (i) provide for the City and the University to execute a Termination Agreement, in the form attached hereto as Exhibit "A", to terminate the Use Agreement effective December 31, 2007, and (ii) evidence the University's agreement to either (a) amend the Conference Center Lease to provide that it may be terminated by the City, in its sole discretion, at any time after December 31, 2009, or (b) assign its interest in the Conference Center Lease to an entity designated by the City. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BR CITY ATTOR EY Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 5/28/2008